CCWG-Accountability Supplemental Final Proposal on Work Stream 1

Recommenda=ons

MARCH 2016

1

Enhancing ICANN Accountability As ini=al discussions around the transi=on took place, the community raised the broader topic of the impact of the change on ICANN’s accountability.

⇢  The transi=on would end the U.S. Government’s historical contractual rela=onship with ICANN.

⇢  This rela=onship has been perceived as a backstop with regard to ICANN’s organiza=on-wide accountability.

As a result

ICANN launched a second process, parallel but interrelated with the IANA Stewardship Transi=on process, to examine from an organiza=onal perspec=ve how ICANN’s broader accountability mechanisms should be strengthened to address the absence of the U.S. Government.

 Since December 2014, a working group of ICANN community members has developed a set of proposed enhancements to ICANN’s accountability to the global Internet community. This document is being distributed for the considera=on and approval of the working group’s 6 Chartering Organiza=ons.

CCWG-Accountability

Work Streams  To address accountability concerns raised during ini=al discussions on IANA Stewardship Transi=on, the ICANN community requested that ICANN’s exis=ng accountability mechanisms be reviewed and enhanced as a key part of the transi=on process. As a result, the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) was convened.

  The CCWG-Accountability’s work consists of two tracks:

WORK STREAM 1: Focused on mechanisms enhancing ICANN accountability that must be in place or commi[ed to within the =me frame of the IANA Stewardship Transi=on.

WORK STREAM 2: Focused on addressing accountability topics for which a =meline for developing solu=ons and full implementa=on may extend beyond the IANA Stewardship Transi=on.

GOAL: The CCWG-Accountability is expected to deliver proposals that would enhance ICANN’s accountability towards all its stakeholders.

An Unprecedented Mul=stakeholder Effort ⇢ 203Members/Par.cipants

⇢ 31%NorthAmerica

⇢ 28%Europe

⇢ 26%Asia/AsiaPacific⇢ 8%La;nAmerica/Caribbean

⇢ 7%Africa

⇢ 111Mailinglistobservers

⇢ 12,400+Mailinglistexchanges

⇢ 205+Callsandmee.ngs

⇢ 400+Hoursinmee.ngs

Supplemental Final Proposal on Work Stream 1 Recommenda=ons  Structure:

⇢  Core Proposal (52 pages)

⇢  15 Detailed annexes of proposed recommenda=ons (including a summary)

⇢  11 Appendices

 Transla=ons to be provided in Arabic, Spanish, French, Russian Chinese and Portuguese.

  See: h[ps://community.icann.org/x/iw2AAw.

Chartering Organiza=on Approvals

Four Building Blocks The CCWG-Accountability iden=fied four building blocks that would form the mechanisms required to improve ICANN’s accountability.

Principles / Mission ⇢  Limited scope of what ICANN can do; no “content regula=on.”

⇢  Updated defini=on of role for Domain Names, Numbering Resources and Protocol Parameters.

⇢  Incorporate Affirma=on of Commitment (AoC) reviews.

⇢  Commitment to Human Rights.

Independent Appeals & Review Mechanisms

ICANN Board of Directors ⇢  Clarify Board obliga=ons with regards to considera=on of GAC Advice.

⇢  Include the review of SO and AC accountability mechanisms in the independent structural reviews performed on a regular basis.

Empowered ICANN Community

Powers exercised by five groups within the ICANN community, recognized as a “Sole Designator.”

Strong focus on Engagement and Escala=on, before Enforcement.

CWG-Stewardship Dependencies  The Stewardship Transi=on proposal from names community is dependent on a set of accountability improvements.

⇢  ICANN and PTI Budget: Community rights regarding the development and considera=on of the ICANN and PTI Budgets.

⇢  ICANN Board: Community rights regarding the ability to appoint/remove Directors of the ICANN Board, and recall the en=re Board.

⇢  ICANN Bylaws: Incorpora=on of the following into ICANN’s Bylaws: IANA Func=on Review, Customer Standing Commi[ee and the Separa=on Process.

⇢  Fundamental Bylaws: All of the foregoing mechanisms are to be provided for in the ICANN Bylaws as Fundamental Bylaws.

⇢  Independent Review Panel: Should be made applicable to IANA Func=ons and accessible by managers of top-level domains.

⇢  PTI Separa=on: Review of ICANN Board decision rela=ng to reviews of IANA func=ons, including the triggering of any PTI separa=on process.

The CWG-Stewardship has confirmed its condi=ons have been met.

Timeline and Next Steps

Chartering Organizations consider WS1 Recs

CWG-Stewardship assesses if dependencies have been met

09

CWG-Stewardship confirms that

dependencies have been met

ICG submits Final Proposal to ICANN

Board

Chartering Organizations

approve WS1 Recs

CCWG-ACCT submits WS1 Proposal to

ICANN Board

CCWG-ACCT publishes Supplemental Draft of

WS1 Recs

ICANN55

10

ICANN Board publishes resolution, submits proposals to NTIA

NTIA begins 60 to 90-day Inter-agency Review ProcessNTIA recieves

proposals from ICANN Board

23

FEBRUARY 2016 MARCH 2016

Draft IANA Stewardship Transition and Implementation Timeline - Submission to Board During Marrakech (version as of 25 February 2016)

Congressional hearing(s) expected first or second week

post-Marrakech

Commigng to Further Accountability Work in Work Stream 2

 As part of Work Stream 2, the CCWG-Accountability proposes that further enhancements be made to a number of designated mechanisms and processes and to refine the opera=onal details associated with some of its recommenda=ons for Work Stream 1.

 It is intended that Work Stream 2 will be completed by the end of 2016.

Why Does it Ma[er? The CCWG-Accountability proposal:

⇢  Delivers the improvements of ICANN’s accountability that must be in place before the IANA Stewardship Transi=on.

⇢  Secures further accountability enhancements for the future, star=ng with the upcoming Work Stream 2 efforts.